Ord. 1181 10-11-04ORDINANCE NO. 1181
AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF
PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN
LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF
PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND
BOUNDARIES (SHADOW CREEK PARKWAY AT CLEAR CREEK);
APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH
LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS
RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND
SEVERABILITY CLAUSE.
WHEREAS, the City Council of the City of Pearland, Texas, has, following
due notice and publication in accordance with the requirements of §43.052,
Tex. Local Govt. Code, conducted two (2) public hearings regarding the City's
intended annexation of certain territory located contiguous to the City and within
the City's extraterritorial jurisdiction; and
WHEREAS, public hearings were conducted before the City Council on
September 13, 2004, at 6:30 p.m. and on September 20, 2004, at 6:30 p.m., at
the Pearland City Hall, 3519 Liberty Drive, Pearland, Texas; and
WHEREAS, the City of Pearland has, in accordance with §43.051 et seq.,
Tex. Local Govt. Code, complied with all procedural requirements regarding the
annexation of territory, including the preparation of a plan for extension of
municipal services into the area annexed to the City; and
WHEREAS, the City intends to fulfill those obligations imposed upon it by
state law regarding newly annexed areas, including timely provision of municipal
services as required by law; and
ORDINANCE NO. 1181
WHEREAS, the City Council finds and determines that the annexation
intended by this Ordinance is in the best interests of the City of Pearland and
benefits the health, safety, and welfare of the citizens of said City; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the boundaries and limits of the City of Pearland, Texas,
are hereby extended to embrace and include all of the territory described in
Exhibit "A" attached hereto and made a part hereof, and such territory is hereby
annexed to and made a part of the City.
Section 2. The plan for extension of municipal services into the territory
annexed to the City of Pearland by the provisions of this Ordinance is set forth in
the City of Pearland, Texas, Service Plan for Land, generally consisting of a 0.859
acre tract of land located in the H. Levering Survey, Abstract 279, and the S. G.
Haynie Survey, Abstract 620 in Ft. Bend County, Texas attached hereto as
Exhibit "B" and made a part hereof for all purposes. Such Municipal Service Plan is
hereby approved.
Section 3. The City Council officially finds, determines, recites and
declares that sufficient written notices of the date, hour, place and subject matter
of the meetings of the City Council at which this Ordinance was considered were
posted at a place convenient to the public at the City Hall of the City of Pearland
for the time required by law preceding said meetings, as required by law; and that
said meetings have been open to the public, as required by law, at all times during
which this Ordinance and the subject matter thereof has been discussed,
2
ORDINANCE NO. 1181
considered and formally acted upon. The City Council further ratifies, approves
and confirms such written notices and the contents and posting thereof.
Section 4. Savings. All rights and remedies which have accrued in favor of
the City under this Chapter and amendments thereto shall be and are preserved for
the benefit of the City.
Section 5. Severability. If any section or part of this Ordinance be held
unconstitutional, illegal or invalid, or the application thereof ineffective or
inapplicable as to any territory, such unconstitutionality, illegality, invalidity, or
ineffectiveness of such section or part shall in no wise affect, impair or invalidate
the remaining portions, the same shall be and remain in full force and effect; and
should this Ordinance for any reason be ineffective as to any part of the area
hereby annexed to the City of Pearland, such ineffectiveness of this Ordinance as
to any such part or parts of any such areas shall not affect the effectiveness of the
Ordinance as to all of the remainder of such area, and the City Council hereby
declares it to be its purpose to annex to the City of Pearland every part of the area
described in Exhibit "A", attached hereto, regardless of whether any other part of
such described area is hereby effectively annexed to the City. Provided, further,
that if there is included in the general description of territory set out in Exhibit "A",
attached hereto, any land or area which is already a part of and included within the
general limits of the City of Pearland, or which is presently part of and included in
the limits of any other city, town or village, or which is not within the City of
Pearland's jurisdiction to annex, the same is hereby excluded and excepted from
3
ORDINANCE NO. 1181
the territory to be annexed as fully as if such excluded and excepted area was
specifically described herein.
PASSED and APPROVED on First Reading this the 27th day of
September , A. D., 2004.
y2)
TOM REID
MAYOR
PASSED and APPROVED on Second and Final Reading this the lath day of
October , A. D., 2004.
ATTEST:
G LORFI
SECRE ( RY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
/1144)
'TOM REID
MAYOR
4
EXHIBITA
DESCRIPTION OF
0.859 ACRE (37,398 SQUARE FEET)
PROPOSED ANNEXATION TRACT
CITY OF PEARLAND
SHADOW CREEK RANCH
July 22, 2004
Job No. 1548-0110
Being 0.859 acre (37,398 square feet) of land located in the H. Levering Survey,
Abstract 279, and the S.G. Haynie Survey, Abstract 620 in Fort Bend County, Texas, more
particularly being a portion of that certain 60.9712 acre tract conveyed to Pearland Investments
Limited Partnership by instrument of record under File No. 1999028628, Official Records of Fort
Bend County, Texas (F.B.C.O.P.R.) and File. No. 99-015976, Official Records of Brazoria
County, Texas (B.C.O.R.), said 0.859 acre (37,398 •square feet) being more particularly
described by metes and bounds as follows, all bearings referenced to the Texas State Plane
Coordinate System, South Central Zone (NAD 27);
BEGINNING at a the most northerly northwest corner of aforementioned 60.9712 acres,
and the northeast comer of that certain called 5.95 acre tract conveyed to Zakfam & Associates,
Inc., by instrument of record under File No. 2003034191, F.B.C.O.P.R., also being on the arc of
a curve on the southerly right-of-way line of F.M. 2234 (Shadow Creek parkway, width varies),
said point also being on the existing corporate limits of the City of Pearland as defined by
Ordinance No. 882, dated December 14, 1998;
Thence, with the common line of said F.M. 2234 and said 60.9712 acres, and said
existing corporate limits of the City of Pearland, 284.51 feet along the arc of a curve to the right
having a radius of 1829.86 feet, a central angle of 08° 54' 31", and a chord that bears South 78°
16' 28" East, 284.23 feet to a point for corner;
Page 1 of 2
I:\Projdskl\SURVEY11548\0110\NEW ANNEX.doc
0.859 acre (37,398 square feet)
July 22, 2004 •
Job No. 1548-0110
Thence, leaving the common line of said 60.9712 acres and . F.M. 2234, with said
existing corporate limits of the City of Pearland, South 57° 37' 24" West (called South 60° 52'
27" West), at 107.34 feet pass the centerline of Clear Creek, and continuing with said centerline,
367.54 feet to a point for corner, being the southeast corner of said 5.95 acres, same being an
angle point on a northwesterly line of said 60.9712 acres;
Thence, leaving said centerline and said existing corporate limits of the City of Pearland,
with the common line of said 5.95 acres and said 60.9712 acres, North 07° 11' 18" East, 256.59
feet to the POINT OF BEGINNING and containing 0.859 acre (37,398 square feet) of land.
"This document was prepared under 22 TAC § 663.21, does not reflect the results of an
on the ground survey, and is not to be used to convey or establish interests in real property
except those rights and interests implied or established by the creation or reconfiguration of the
boundary of the political subdivision for which it was prepared"
LJA Engineering & Surveying, Inc.
Page 2of2
I: 1Projdskl\SURVEY1154810110\NEW ANNEX.doc
r
•
F'M. 2234
SHADOW CREEK PARKWAY
(WIDTH VAR/ES)
S WATER &
FEWER 'N I'°°250EASEMENT .0
P.O.B.
N.W.COR.
60.9712 AC
N.E.COR.
5.95 AC.
ZAKFAM &
ASSOCIATES, INC.
CALLED 5.95 ACRES
F . N. 2003034 19 1
F.B.C.O.P.R.
40°
pV389 ,
,
,
R.08.54,3r,
29.86
C8 578.,6'28.E 284,2y
5 14 0
2
�h"� . c0 ,
NOTE:
L 'This document was prepared under 22 TAC § 66324
does not reflect the results of on on the ground survey. and
Is not to be used to convey or establish interests In real
properly except those rights and interests implied or
established by the creation or reconfiguration of the boundary
2. NI bearings referenced to the Texas Stote Plane
Coordinate System. South Central Zone. (NAD271
Scale: I' - 100'
c j. OF 4TE z/,y
2,pF4C�98
R� - =_
C- -
PEARLAND INVESTMENTS
LIMITED PARTNERSHIP
60.9712 ACRES
F.N. 99-015976
B. C.O.R.
F.N. 1999028628
F.B.C.O.P.R.
EXHIBIT OF
0.859 ACRE
(37,398 SQUARE FEET)
PROPOSED ANNEXATION TRACT
CITY OF PEARLAND
SHADOW CREEK RANCH
LOCATED IN THE
S.G. HAYNIE SURVEY, A-620 AND
THE H. LEVERING SURVEY, A-279
FORT BEND COUNTY, TEXAS
JULY 2004 JOB NO. 1548-0110
LJA Engineering & Surveying, Inc. LJ.t
2929 8riarpork Drive Phone 713.953.5200
Suite 600 Fax 713.953.5026
Houston. Texas 77042-3703
li\ProjdskI\SURVEY\I548\0110\new onnex.dpn
EXHIBIT
r
CITY OF PEARLAND, TEXAS
SERVICE PLAN FOR 0.859 acre (37,398 square feet) of land located west of the
existing city limits encompassing 0.859 acre in Fort Bend County, Texas, generally located near
the intersection of Shadow Creek Parkway and Clear Creek.
I. INTRODUCTION
This Service Plan ("Plan") is made by the City of Pearland, Texas ("City") pursuant to Chapter
43 of the Local Government Code (`the Act"). This Plan relates to the annexation by the City,
by petition of the owner, of land located adjacent to the city limits and encompassing
approximately 0.857 acre in Fort Bend County, Texas. The Tract is described by metes and
bounds in "Exhibit A-1", and by map in "Exhibit A-2" which are attached to this Plan and to the
annexation ordinance of which this Plan is a part.
II. TERM: EFFECTIVE DATE
This Plan will be in effect for a term of ten years commencing on the effective date of the
annexation of the Tract. Renewal of this Plan will be at the option of the City. Such option may
be exercised by the adoption of an ordinance by the City Council, which refers to this Plan and
specifically renews this Plan for a stated period of time.
III. SERVICE PROGRAMS
A. In General. This Plan includes two service programs: (I) the Early Action Program,
described below, and (II) a Capital Improvement Program described below.
B. Scope and Quality of Services. This Plan will provide a level of services, infrastructure,
and infrastructure maintenance that is comparable to the level of services, infrastructure,
and infrastructure maintenance currently provided and available in other parts of the
municipality with topography, land use, and population density similar to the Tract.
However, it is not the intent of this Plan to require that a uniform level of services be
provided to all areas of the City (including the Tract) where differing characteristics of
topography, land utilization and population density are considered as sufficient basis for
providing differing service levels.
C. Definitions.
1. As used in this Plan, "providing services" includes having services provided by any
method or means by which the City extends municipal services to any other area of
the City. This may include causing or allowing private utilities, governmental
entities and other public service organizations to provide such services, in whole or
part.
1
•
2. As used in this Plan, the phrase "Standard Policies and Procedures" means those
policies and procedures of the City applicable to a particular service which are in
effect either at the time that the service is requested or at the time that the service is
made available or provided. The policies and procedures may require that a specific
type of request be made, such as an application or a petition. They may require that
fees or charges be paid, and they may include eligibility requirements and similar
provisions.
D. Early Action Program
1. Statutory Services. The statutory services will be provided within the Tract within
the period that meets or exceeds that required by State law. The following services
will be provided in accordance with Standard Policies and Procedures immediately
upon the effective date of the annexation:
a. Police Protection: The Police Department of the City will provide protection
and law enforcement in the Tract. These activities will include normal patrols
and responses, the handling of complaints and incident reports, and, as
appropriate, support by special units of the Department.
b. Fire Protection: The Pearland Volunteer Fire Department (VFD) of the City of
Pearland will continue to serve the area in cooperation with other fire
departments in the area according to mutually agreed to procedures.
c. Emergency Medical Service: The Pearland Emergency Medical Service
(EMS) will continue to provide emergency medical service to the Tract under
a contract with the City.
d. Solid Waste Collection: Service will be provided to eligible property by
private contractor, under contract with the City. To be eligible for City solid
waste collection service, property must have frontage on a public street or
other approved location and place solid waste in containers approved for the
specific type of occupancy. Any person currently being serviced by a
privately owned solid waste management service provider may continue to
use that service for two years after the effective date of the annexation.
e. Operation and Maintenance of Water and Wastewater Facilities: Existing
public water and wastewater facilities, if any, will be operated and maintained
by the City or by private contractor under contract to the City.
f. Operation and Maintenance of Road and Streets (including lighting): Existing
public roads and streets, including lighting and traffic control devices, if any,
will be operated and maintained by the City, subject to the jurisdiction of
other governmental entities. State highways and farm -to -market roads remain
the primary responsibility of the Texas Department of Transportation, for
2
g.
instance. Existing roadside drainage ditches not maintained under the
jurisdiction of another entity will be operated and maintained by the City.
Operation and Maintenance of Parks, Playgrounds and Swimming Pools:
Existing public parts, playgrounds, and swimming pools, if any, will be
operated and maintained by the City. Facilities owned and operated by
homeowner's associations (HOAs) will continue to be owned and operated by
the respective HOAs.
h. Operation and Maintenance of Any Other Publicly Owned Facility, Building
or Service. Existing publicly owned or operated facilities, buildings, or
services, if any, will be operated and maintained by the City or by private
contractor under contract to the City.
2. Additional Services. Certain services, in addition to the statutory services, will be
provided in accordance with Standard Policies and Procedures within the Tract to the
same extent they are provided to similar territories elsewhere in the City. These are
as follows:
a. Library Service will be provided from existing facilities and future facilities
outside the Tract. Residents of the Tract will be eligible for borrowing
privileges at City/County libraries on the same basis as current residents.
b. Health services will be provided by the City Health Department to area
residents and businesses. Health services include City inspection of
restaurants and groceries and Animal Control.
c. Code Enforcement personnel will enforce the City's housing code and
ordinances against junk motor vehicles, high weeds, unsafe buildings, and
illegal dumping of refuse.
d. Other City Services, to the extent applicable to persons or properties within
the Tract, in accordance with standard policies and procedures will be
provided.
E. Capital Improvement Program
As necessary, the City will initiate the construction of certain capital improvements
necessary for providing municipal services for the Tract. Those improvements, which are
necessary, are indicated below. Access to the improvements will be in accordance with
Standard Policies and Procedures. The improvements shall be completed as soon as
reasonably possible and shall be substantially completed within the time period indicated
below.
4
•
•
1. Police Protection: Additional capital improvements are not necessary at this time
to provide police protection. The Tract will be included with other territory in
connection with planning for new, revised, or expanded public safety facilities.
2. Fire Protection: Additional capital improvements are not necessary at this time to
provide fire protection. The Tract will be included with other territory in
connection with planning for new, revised, or expanded public safety facilities.
3. Emergency Medical Service: Additional capital improvements are not necessary
at this time to provide emergency medical service. The Tract will be included
with other territory in connection with planning for new, revised, or expanded
public safety facilities.
4. Solid Waste Collection: No capital improvements are necessary at this time to
provide solid waste collection services within the Tract. The Tract will be
included with other territory in connection with planning for new revised or
expanded solid waste facilities.
5. Water and Wastewater Facilities: Additional capital improvements are not
necessary at this time to service the tract. The cost of future connections to
available water and sewer lines will be the responsibility of the Tract owners, as it
is within the existing City utility system following standard policies and
procedures. Capital recovery charges or impact fees also will be assessed at the
time of future connections to the City's utility system or upon issuance of building
permits for lots developed within the Tract.
The City will make wastewater treatment capacity in existing or future wastewater
treatment plants built and operated by the City available for the Tract.
The city will make potable water supply from existing or future sources built and
operated by the City available to the Tract. The City currently operates its own
ground water wells and purchases wholesale surface water via contract from third
parties.
6. Roads and Streets (including lighting): Additional roads, streets or related
facilities are not necessary at this time to serve the tract. Future extensions or
widening of roads or streets and future installation of related facilities, such as
traffic control devices or street lights will be undertaken in accordance with
Standard Policies and Procedures. The Tract will be included with other territory
in connection with planning for new, revised, widened, or enlarged roads, streets,
or related facilities.
7. Parks, Playgrounds, and Swimming Pools: Additional capital improvements are
not necessary at this time to provide such services to the Tract. The Tract will be
included with other territory in connection with planning for such facilities.
4
8. Other Publicly -Owned Facilities, Building or Services: All other City functions
and services, and the additional services described above, can be provided for the
Tract by using existing capital improvements. Additional capital improvements
are not necessary to provide City services, but the Tract will be included with
other territory in connection with planning for new, revised, or expanded facilities,
buildings or services.
II. AMENDMENT: GOVERNING LAW
This Plan may not be amended or repealed except as provided by the Act or other controlling
law. Neither changes in the methods nor means of implementing any part of the service
programs nor changes in the responsibilities of the various departments of the City will constitute
amendments to this Plan and the City reserves the right to make such changes. This Plan is
subject to and will be interpreted when in accordance with the Act, the Constitution and laws of
the federal governments of the United States of America and the State of Texas, and the orders,
rules and regulations of governmental bodies and officers having jurisdiction.
III. FORCE MAJEURE
Should a force majeure interrupt the service described herein, the City will resume services
under this Plan within a reasonable time after the cessation of the force majeure. "Force
Majeure," for the purpose of this Plan will include, but not be limited to, acts of God, acts of the
public enemy, ware blockades, insurrection, riots, epidemics, landslides, lightning, earthquakes,
fire, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of
government, explosions, collisions and other inability of the City, whether similar to those
enumerated or otherwise, which is not within the control of the City.
IV. ENTIRE PLAN
This document contains the entire and integrated Service Plan relating to the Tract, and
supersedes all other negotiations, representations, plans and agreements, whether written or oral.
5
EXHIBIT A-1
July 22, 2004
Job No. 1548-0110
DESCRIPTION OF
0.859 ACRE (37,398 SQUARE FEET)
PROPOSED ANNEXATION TRACT
CITY OF PEARLAND
SHADOW CREEK RANCH
Being 0.859 acre (37,398 square feet) of land located in the H. Levering Survey,
Abstract 279, and the S.G. Haynie Survey, Abstract 620 in Fort Bend County, Texas, more
particularly being a portion of that certain 60.9712 acre tract conveyed to Pearland Investments
Limited Partnership by instrument of record under File No. 1999028628, Official Records of Fort
Bend County, Texas (F.B.C.O.P.R.) and File No. 99-015976, Official Records of Brazoria
County, Texas (B.C.O.R.), said 0.859 acre (37,398 square feet) being more particularly
described by metes and bounds as follows, all bearings referenced to the Texas State Plane
Coordinate System, South Central Zone (NAD 27);
BEGINNING at a the most northerly northwest comer of aforementioned 60.9712 acres,
and the northeast corner of that certain called 5.95 acre tract conveyed to Zakfam & Associates,
Inc., by instrument of record under File No. 2003034191, F.B.C.O.P.R., also being on the arc of
a curve on the southerly right-of-way line of F.M. 2234 (Shadow Creek parkway, width varies),
said' point also being on the existing corporate limits of the City of Pearland as defined by
Ordinance No. 882, dated December 14, 1998;
Thence, with the common line of said F.M. 2234 and said 60.9712 acres, and said
existing corporate limits of the City of Pearland, 284.51 feet along the arc of a curve to the right
having a radius of 1829.86 feet, a central angle of 08° 54' 31", and a chord that bears South 78°
16' 28" East, 284.23 feet to a point for corner;
Page 1 of 2
C:\DOCUME-1\LKRISH-11LOCALS-1\Temp\M&B SCR .589 acres.doc
0.859 acre (37,398 square feet)
July 22, 2004
Job No. 1548-0110
Thence, leaving the common line of said 60.9712 acres and F.M. 2234, with said
existing corporate limits of the City of Pearland, South 57° 37' 24" West (called South 60° 52'
27" West), at 107.34 feet pass the centerline of Clear Creek, and continuing with said centerline,
367.54 feet to a point for corner, being the southeast corner of said 5.95 acres, same being an
angle point on a northwesterly line of said 60.9712 acres;
Thence, leaving said centerline and said existing corporate limits of the City of Pearland,
with the common line of said 5.95 acres and said 60.9712 acres, North 07° 11' 18" East, 256.59
feet to the POINT OF BEGINNING and containing 0.859 acre (37,398 square feet) of and.
"This document was prepared under 22 TAC § 663.21, does not reflect the results of an
on the ground survey, and is not to be used to convey or establish interests in real property
except those rights and interests implied or established by the creation or reconfiguration of the
boundary of the political subdivision for which it was prepared"
LJA Engineering & Surveying, Inc.
Page 2 of 2
C:IDOCUME-11LKRISH-11LOCALS-11Temp\M&B SCR .589 acres.doc
EXHIBIT A-2
FAl. 2234
SHADOW CREEK PARKWAY
(WIDTH VARIES)
25' WATER &
SS"FEN ;;gASEA071 ENT
R
P.0.8.
N.W.COR.
609712 AC
N.E.COR.
5.95 AC.
.�d
ZAKFAM .a
ASSOCIATES. INC.
CALLED 5.95 ACRES
F.N. 2003034191
F.B.C.0..P.R. o
04.
0 0t0('F -''
-
.
-
e
o
ce
or
1
GO.
0i•
NOTE:
1. TNs document was prepared under 22 TAC § 66324
does not reflect the results of • on on the ground survey. and
1110 Is not to be used to convey or establish Interests In real
property except those rights and Interests implied or
established by the creation or reconfiguration of the boundary
2. NI bearings referenced to the Texas State Plane
Coordinate System. South Central Zone. fNAD271 •
1.\Pro dskt\SURVEYV 548\OI10\new onnex.don
7-22-2004 16'I2�45
f.
sl• - l00'
4
C/ RPoR4te
ORp 88 ,oE .44/0
2, pFC / ��
.
:c
-
CREEK---. . ;
PEARLAND INVESTMENTS
LIMITED PARTNERSHIP,
60.9712 ACRES
F . N. 99-015976
B.C.O.R.
F . N. 1999028628
F.B.C.O.P.R.
EXHIBIT OF
0.859 ACRE
(37,398 SQUARE FEET)
PROPOSED ANNEXATION TRACT
CITY OF PEARLAND
SHADOW CREEK RANCH
LOCATED IN THE
S. G. HAYN I E SURVEY, A-620 AND
THE H. LEVERING SURVEY, A-279
FORT BEND COUNTY, TEXAS
JULY 2004 JOB NO. 1548-0110
LJA Engineering & Surveying, Inc. LA
2929 8r1orpork Drive . Phone 713.953.5200
Suite 600. Fox 713.953.5026
Houston. Texas 77042-3703
AFFIDAVIT OF PUBLICATION
.The Pear.land Reporter. News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was
published
in Brazoria and Harris Counties in THE REPORTER NEWS, a news
circulation in Brazoria, Harris &..Galveston Counties for Paper . general
� issues, as folloWs:
No. / Date
No. Date
No. Date
No. Date
N" Date
Subscribe and sworn to before me this
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
1
20
20
20
20
20
trl ma --
President
day of
Laura Ann Emmons, Publisher`
Notary Public, State of Texas
�d�ee)",
n
Published Sept 8, 2004
NOTICE OF PUBLIC
'HEARING ON
ANNEXATION '
Notice ie hereby given that
za public:hearing will be held
by the City Council of the
Cityrof Pearland,Texas, in
the .Council Chambers,.City
Hall, .4519 .Liberty .Drive,
Pearland, Texas, at 6'.30
P.M: on September20,
2004 for the purpose of con-
sidering annexation into:the
city limits of. the, following
propertnenerally located
near :the -:intersection of
Shadow Creek Ranch
Parkway and Clear Creek:
Being 0:859 acre (37,398
square:feet) of land located
in- the H.' Levering Survey,
Abstract 279,, and the S.G.
Haynie Survey; Abstract
620 .insiFotts Bend County,
Texas,-• more; particularly
being -a portion. of that -cer-
tain 66.9712,acre. tract con-
veyed • ,Pearland
Investments Limited
Partnership by instrument of
record under File No.
199902864; Official
Records .oV Fort • Bend
County, Texas
(F.B.C.O.p:R.).and File No.
99-015976, Official Records
of Brazoria County,. Texas
(B.C.O.FI.),,said 0.859 acre
(37,398 square feet) being
more particularly described
by metes•and bounds as fol-
lows,' all bearings refer-
enced to: the Texas, State
Plane Coordinate:. System,
SOuthCentral Zone (NAD
27); • -
BEGINNING at a the most
northerly northwest corner
of aforementioned 60.9712
acres, andthenortheast
,corrieratthat Certain called
5.95 acretract.conveyed to
Zakfam '& Asoiates, Inc.,
by instrUinent, of ,record
under FileNo.:2003864191,
F.B.C.O.P.R., also being oh
the Ei.Of 'Icerve'erythe
aoptherlynght7ef-Way,iinepf
F.M.
parkway, Width Varips);:said . •
pointOliobeing on the
existing corporate Oita of
the City of Oaarlarid as
defined' by Ordinance No.
882, ,dete.0:60ernber14,
1998;
Thence, With..the common
line Of said F.M. 2284and
said 50.9712 acres, 'and
said existing *Orate lints
at the City of Pearland,
284.51 feet along the arc of
a curve tri.the:righthaVing a
radius of '1829.86.feet, a
. . ..., . _.._ ... ,. 2.
central angle of 086'5,y:317,
and a chord that bears
SoUth'18°%18'-28' 'East,
284:2'fget?,:f0.a .iiiiiiit-fdi.
corner,
Thence, leaving the com-
mon line of said 60.9712
acres :and F.M.-• 2234, with
said existing corporate iiinits
of the City of „Pearland,
South.'0!47'.,?.47.7 Whit
(Oalled-,pouth,66!..52'.27P
West),.;a1.107,34;fiet pies
the centeiline,61.,Clear
-Creek, and continuing with
said centerline,367 54 feet
to a point for corner, being
the southeast -comer ot said
• 5.95 acres, same being en
angle point on 'a northwest-
erly line of said 60.9712
acres;
Thence, leaving said center-
line and said existing come;
ratalirnila Of the City of
Pearland,*withthe common
line of said 5.95 acres end
:said 60 971acres North
07° • 11:187, East 2508
feet to the. ppINT OF •
BEGINNING and containing
0 859 acre (37 698'icidare
feet) of land....
"This cloeurnent WaS.pre-
pared:uneer..22 TAP '§
663.21, 'deep, not, reflect the
results of an on the ground
survey and is not to be
used to cenvey,drestablieh
interests in feel tiroperty
except those 0Mits.:and
interests implied or ,estab-
lisneclby. the creation or
reconfiguration, of the
boundary of the political
subdivisiork:for :which: if was
prepared'.
„..
All interested citizens and
property owners are hereby
notified, of1their.right to
aPpeatand ba heard on the
Matter.
/s/ Young Lorfing
City SeCretaiy
This site is accessible to
disabled individuals. For
special aetistance, such as
the head-for:deaf inter-
preters or braille materials,
please Call Young Lorfing at
261-652-1655, prior to the
Meeting aolhat appropriate
arrangements can be made.
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation,in Brazoria, Harris &Galveston Counties, for / issues, #s follows:
No. Date 20
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
2ObLt
• • • •• ********* .• • 6 . 00000000 • • '11.,
•
•
•
•
•
• •
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
•
•
11.'• '• • '1'..1111.• • •-•.1•1*.• • • • • 11.0 • • 10 • 46 •:16 •
day of
Laura Ann Emmons, Publisher'
Notary Public, State of Texas
•Y
• ;
•
1,
I
Published Sept 1 2004
PUBLIC;
NOTICE OF PUBLIC.
HEARING; ON, .,
ANNEXATION
Notice is hereby given the
a public hearing will be heir .
by the City Council of th.
City. ofPearland, Texas, in
the'Council:Chambers, City
+Hatt, 3519' Liberty Drive,
Pearland,. Texas, at 6:30
P.M. on September 13,
2004 for the purpose of con-
sidering annexation-into'the
cityaimits,;of:. the. following
property generally located
near the intersection of
',Shadow Creek. Parkway
and Clear Creek;
Being ,0:859,acre ;(37;398
square,feet) of landlocated
in the'H:Levering Survey,
Abstract. 279, and -the S.G.
Haynie Survey, Abstract
620- inFort Bend` County,
Teicas, more particularly
being:a portion of: that: cer-
tain60.97,12:acre tract con-
veyed to' 'Pearland
Investments
Partnership by instrument of
record under file. No.
1999028628,' -;Official
Records of Fort Bend
,County-, ., Texas
(F.B.C.O'P:R.)'and File No.
99=015976, Official Records
of'Braieria County,'Texas
(B.C.O.R.), said 0.859 acre
(37,398 square feet) being
more particularly described
by metes and bounds as fol-
lows, all bearings refer-
enced to the Texas State
Plane Coordinate System,
South Central Zone (NAD
27);
BEGINNING at a the most
northerly .northwesf corner
of aforementioned' 60.9712
acres'; .and the'nottheast
corner: of. that certain; called
5.95 acre tract conveyed to
Zakfam &` Associates, Inc.,
by instrument of record
under File No._2603034191;
F.B.C.O P R , also being on
-the arc of'a curve'on'the
southerly right of -way line :Of
F;M..2234;(Shadow Creek
parkway, width_ varies),.said
point also being on'the,
existing' corporate limits' of
the City of Pearland 'as
defined by Ordinance No.
882,. dated December 14,
1998;
Thence,with the common:
line of said. F.M. 2234and
said 60.971'2"a0'res; and
said existing corporate limits
of the: City; of;Pearland,,
264.51feet along the arc of.
a curie to:theiright having a
radiusof 1829:86 feet, a'
central, angle' of 08° 54 31"
and `a' chord_that bears;
South 78° 16' 28" East,
284.23 feet to a point for
corner; -
Thence;leaving:-the born -
mop line of said 60.9712
acres and F.M. 2234, with
said existing corporateaimits
of-,the.City of:Pearland,
South-57 .3Z, 24 West
(called.South60 52':,27"
West), at:107.34:feetpass
the centerline of Clear
Creek, and continuing with
said centerline, 367..54"feet
to a point for corner, being
the southeast. corner of said
5.95 acres; same being an
angle point ori-a northwest-
erly•line of said 60.9712
• acres;
Thence, leaving said center-
line and said existingcorpo-
rate limits of the_City:_of
Pearland, with the common
line of said`5:95 acres and
said 60.9712: acres, North
07 11' 18''East,•'256.59
feet -to the'-POIN.T`--OF.
BEGINNING' and containing
0:859' acre'(37,398 -square
feet) of loth'
"This document was; pre-
pared Under '•:22.:TAC .§
663:21,'does not reflect -the
results of an on the• ground
survey, sndIa.root-1o•be
used to cenveyorestablish
interests in real iproperty
except those, rights :and
interests implied or-estab-
lished`bythe. creation or
reconfiguration. -'::of '1ihe
boundary of the political
subdivision for which it'was
preparedd'
All interested citizens and
-property:owners"are hereby
'notified=of'their'tight"-to
appear and be heard'•on3he
matter:
Is/Nourig"Lorfing'
City Secretary
"This site -is accessible.to
`'disabled individuals.
:special'assistance, suchSs
•the' need'for deaf inter-
'preters or braille materials,
'please call'Young Lorfingat
281-652-1655, .prio"r to the
meeting so that -appropriate
arrangentents,daft be made.
U.S. Department of Justice
RE EWD
Civil Rights Division CITY OF PF ;°tRLr. NO
CITY SECRETARY'S OFFICE
2004 DEC 2 I P1I 12: 14
J1)R.:Jk:ANS:par
DJ 166-012-3
2004-4725
Mr. Young Lorfing
City Secretary
3519 Liberty Drive
Pearland, Texas 77581-5416
Voting Section - NWB.
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
December 17, 2004
Dear Mr. Lorfing:
This refers to the annexation (Ordinance No. 1181 (2004)) to
the City of Pearland in Brazoria, Fort Bend, and Harris Counties,
Texas, submitted to the Attorney General pursuant to Section 5 of
the Voting Rights Act, 42 U.S.C. 1973c. We received your
submission on November 3, 2004.
The Attorney General does not interpose any objection to the
specified change. However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does
not bar subsequent litigation to enjoin the enforcement of the
change. In addition, as authorized by Section 5, we reserve the
right to reexamine this submission if additional information that
would otherwise require an objection comes to our attention
during the remainder of the sixty-day review period. Procedures
for the Administration of Section 5 of the Voting Rights Act (28
C.F.R. 51.41 and 51.43).
Future submissions under Section 5 for delivery by the
United States Postal Service should be addressed as follows:
Chief, Voting Section, Civil Rights Division, Room 7254 - NWB,
Department of Justice, 950 Pennsylvania Avenue, N.W., Washington,
D.C. 20530. Submissions for delivery by commercial express
service companies should be addressed as follows: Chief, Voting
Section, Civil Rights Division, Room 7254 - NWB, Department of
Justice, 1800 G Street, N.W., Washington, D.C. 20006. In either
case, the envelope and first page should be marked: Submission
under Section 5 of the Voting Rights Act.
-2-
Future submissions under Section 5 should identify the name,
address, and telephone number of the appropriate individual whom
we may contact in order to request further information. See
28 C.F.R. 51.27 for the information that should normally be
provided for all submissions under Section 5.
Sincerely,
eph D. Rich
, Voting Section
COMPTROLLERFOPPTI,J13LIC ACCOUNTS
CIT`, or t'uk,11. riN
clT�'P,o;:� B x'i35r2$E
AUSTIN, TX 787113528
2005 JAN -5 PM 115
December 29, 2004
Ms. LaKeisha Cannon -Scott
Deputy City Secretary
City of Pearland
3519 Liberty Drive
Pearland, TX 77581-5416
Dear Ms. Cannon -Scott:
We have received annexation ordinance no. 1181 and the map indicating the area to be annexed into
the City of Pearland.
Our office needs additional time to implement the local sales and use tax in the newly annexed area.
Therefore, the effective date to begin collection of this tax will be April 1, 2005.
I also spoke with Mr. C. R. Long, Address Manager and he confirmed that there are no businesses
currently located in the annexed area. Our records indicate that the utility companies servicing the newly
annexed area are:
Reliant Energy Retail Service, LLC
Centerpoint Energy Resources Corporation
Texas Cable Partners, LP
If any of this information is incorrect or you have any questions, please contact me right
away. You can call me toll free at 1-800-531-5441, extension 50274. My regular number is
512/475-0274.
Veronica P. Harycki
Revenue Accounting Division
Tax Allocation. Section
cc: Mr. C. R. Long
Address Manager